Your valid home address is used to determine which NY State Senator Represents you.

Apt/Suite/Floor (Optional)

City *

State *

Postal Code *

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Send me alerts for this bill. I can unsubscribe at any time. Learn more.

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

S5951 (ACTIVE) - Details

S5951 (ACTIVE) - Summary

Provides certain civil rights protections for interns.

S5951 (ACTIVE) - Sponsor Memo

BILL NUMBER:S5951
TITLE OF BILL: An act to amend the executive law, in relation to
providing certain civil rights protections for interns
PURPOSE: To provide unpaid interns the same civil rights protections
as paid interns.
SUMMARY OF PROVISIONS: Section 1. The executive law is amended to add
a new section 296-c Unlawful discriminatory practices relating to
interns.
Defines Intern and Employer.
Makes it an unlawful discriminatory practice for an employer to:
refuse to hire, employ or to discriminate against an intern based on
the intern's age, race, creed, color, national origin, sexual
orientation, military status, sex, disability, predisposing genetic
characteristics, marital status or domestic violence victim status,
print or circulate any materials which would use any form of
application for employment as. an intern or to make an inquiry in
connection with prospective employment which expresses any limitation,
specification or discrimination as to age, race, creed, color,
national origin, sexual orientation, military status, sex, disability,

predisposing genetic characteristics, marital status or domestic
violence victim status,
discharge, expel or discriminate against any person because they have
opposed any practices forbidden under this article, filed a complaint,
testified in any proceeding under this article,
compel an intern to take a leave of absence if pregnant,
engage in unwelcome sexual advances, requests for sexual favors, or
other verbal or physical conduct of a sexual nature to an intern.
Section 2. Effective date.
JUSTIFICATION: In 1994 Bridget O'Connor began an unpaid internship at
Rockland Psychiatric Center, where one of the Doctors allegedly began
to refer to her as Miss Sexual Harassment, told her she should
participate in an orgy, and suggested that she remove her clothing
before meeting with him. When O'Connor filed a lawsuit, her sexual
harassment claims were dismissed because she was an unpaid intern.
This was affirmed by a federal appeals court in O'Connor v. Davis.
In 2010 an unpaid intern, Lihuan Wang, had alleged that her boss at
Phoenix Television's New York bureau had grabbed her buttocks and
tried to kiss her. The Manhattan Federal Court recently dismissed that
claim stating that only paid workers are covered by the city's human
rights law.
Under the Federal Civil Rights Act, unpaid interns are not 'employees'
leaving them unprotected from unwanted sexual advances. Both
Washington, D.C. and Oregon have passed an amendment to the law
expanding discrimination and harassment protections to interns. This
bill mirrors the Oregon statute to provide necessary protections to
provide unpaid interns the same protections as paid employees.
FISCAL IMPLICATIONS: None.
EFFECTIVE DATE: This act shall take effect immediately.

S T A T E O F N E W Y O R K
________________________________________________________________________
5951
2013-2014 Regular Sessions
I N S E N A T E
October 11, 2013
___________
Introduced by Sens. KRUEGER, GIPSON, LATIMER, PERALTA -- read twice and
ordered printed, and when printed to be committed to the Committee on
Rules
AN ACT to amend the executive law, in relation to providing certain
civil rights protections for interns
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The executive law is amended by adding a new section 296-c
to read as follows:
S 296-C. UNLAWFUL DISCRIMINATORY PRACTICES RELATING TO INTERNS. 1. AS
USED IN THIS SECTION:
A. "INTERN" MEANS A PERSON WHO PERFORMS WORK FOR AN EMPLOYER FOR THE
PURPOSE OF TRAINING UNDER THE FOLLOWING CIRCUMSTANCES:
(1) THE EMPLOYER IS NOT COMMITTED TO HIRE THE PERSON PERFORMING THE
WORK AT THE CONCLUSION OF THE TRAINING PERIOD;
(2) THE EMPLOYER AND THE PERSON PERFORMING THE WORK AGREE IN WRITING
THAT THE PERSON PERFORMING THE WORK IS NOT ENTITLED TO WAGES FOR THE
WORK PERFORMED; AND
(3) THE WORK PERFORMED:
(A) SUPPLEMENTS TRAINING GIVEN IN AN EDUCATIONAL ENVIRONMENT THAT MAY
ENHANCE THE EMPLOYABILITY OF THE INTERN;
(B) PROVIDES EXPERIENCE FOR THE BENEFIT OF THE PERSON PERFORMING THE
WORK;
(C) DOES NOT DISPLACE REGULAR EMPLOYEES;
(D) IS PERFORMED UNDER THE CLOSE SUPERVISION OF EXISTING STAFF; AND
(E) PROVIDES NO IMMEDIATE ADVANTAGE TO THE EMPLOYER PROVIDING THE
TRAINING AND MAY OCCASIONALLY IMPEDE THE OPERATIONS OF THE EMPLOYER.
B. "EMPLOYER" MEANS ANY PERSON WHO, IN THIS STATE, PROVIDES AN INTERN-
SHIP POSITION OR IS IN AN EMPLOYMENT RELATIONSHIP WITH AN INTERN AS
DESCRIBED IN PARAGRAPH A OF THIS SUBDIVISION.
2. IT SHALL BE AN UNLAWFUL DISCRIMINATORY PRACTICE FOR AN EMPLOYER TO:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11709-02-3

S. 5951 2
A. REFUSE TO HIRE OR EMPLOY OR TO BAR OR TO DISCHARGE FROM EMPLOYMENT
AN INTERN OR TO DISCRIMINATE AGAINST SUCH INDIVIDUAL IN TERMS, CONDI-
TIONS OR PRIVILEGES OF EMPLOYMENT BECAUSE OF THE INTERN'S AGE, RACE,
CREED, COLOR, NATIONAL ORIGIN, SEXUAL ORIENTATION, MILITARY STATUS, SEX,
DISABILITY, RELIGION, PREDISPOSING GENETIC CHARACTERISTICS, MARITAL
STATUS, OR DOMESTIC VIOLENCE VICTIM STATUS;
B. DISCRIMINATE AGAINST AN INTERN IN RECEIVING, CLASSIFYING, DISPOSING
OR OTHERWISE ACTING UPON APPLICATIONS FOR INTERNSHIPS BECAUSE OF THE
INDIVIDUAL'S AGE, RACE, CREED, COLOR, NATIONAL ORIGIN, SEXUAL ORIEN-
TATION, MILITARY STATUS, SEX, DISABILITY, RELIGION, PREDISPOSING GENETIC
CHARACTERISTICS, MARITAL STATUS, OR DOMESTIC VIOLENCE VICTIM STATUS;
C. PRINT OR CIRCULATE OR CAUSE TO BE PRINTED OR CIRCULATED ANY STATE-
MENT, ADVERTISEMENT OR PUBLICATION, OR TO USE ANY FORM OF APPLICATION
FOR EMPLOYMENT AS AN INTERN OR TO MAKE ANY INQUIRY IN CONNECTION WITH
PROSPECTIVE EMPLOYMENT, WHICH EXPRESSES DIRECTLY OR INDIRECTLY, ANY
LIMITATION, SPECIFICATION OR DISCRIMINATION AS TO AGE, RACE, CREED,
COLOR, NATIONAL ORIGIN, SEXUAL ORIENTATION, MILITARY STATUS, SEX, DISA-
BILITY, RELIGION, PREDISPOSING GENETIC CHARACTERISTICS, MARITAL STATUS
OR DOMESTIC VIOLENCE VICTIM STATUS, OR ANY INTENT TO MAKE ANY SUCH LIMI-
TATION, SPECIFICATION OR DISCRIMINATION, UNLESS BASED UPON A BONA FIDE
OCCUPATIONAL QUALIFICATION; PROVIDED, HOWEVER, THAT NEITHER THIS PARA-
GRAPH NOR ANY PROVISION OF THIS CHAPTER OR OTHER LAW SHALL BE CONSTRUED
TO PROHIBIT THE DEPARTMENT OF CIVIL SERVICE OR THE DEPARTMENT OF PERSON-
NEL OF ANY CITY CONTAINING MORE THAN ONE COUNTY FROM REQUESTING INFORMA-
TION FROM APPLICANTS FOR CIVIL SERVICE INTERNSHIPS OR EXAMINATIONS
CONCERNING ANY OF THE AFOREMENTIONED CHARACTERISTICS, OTHER THAN SEXUAL
ORIENTATION, FOR THE PURPOSE OF CONDUCTING STUDIES TO IDENTIFY AND
RESOLVE POSSIBLE PROBLEMS IN RECRUITMENT AND TESTING OF MEMBERS OF
MINORITY GROUPS TO INSURE THE FAIREST POSSIBLE AND EQUAL OPPORTUNITIES
FOR EMPLOYMENT IN THE CIVIL SERVICE FOR ALL PERSONS, REGARDLESS OF AGE,
RACE, CREED, COLOR, NATIONAL ORIGIN, SEXUAL ORIENTATION, MILITARY
STATUS, SEX, DISABILITY, RELIGION, PREDISPOSING GENETIC CHARACTERISTICS,
MARITAL STATUS OR DOMESTIC VIOLENCE VICTIM STATUS;
D. TO DISCHARGE, EXPEL OR OTHERWISE DISCRIMINATE AGAINST ANY PERSON
BECAUSE HE OR SHE HAS OPPOSED ANY PRACTICES FORBIDDEN UNDER THIS ARTICLE
OR BECAUSE HE OR SHE HAS FILED A COMPLAINT, TESTIFIED OR ASSISTED IN ANY
PROCEEDING UNDER THIS ARTICLE; OR
E. TO COMPEL AN INTERN WHO IS PREGNANT TO TAKE A LEAVE OF ABSENCE,
UNLESS THE INTERN IS PREVENTED BY SUCH PREGNANCY FROM PERFORMING THE
ACTIVITIES INVOLVED IN THE JOB OR OCCUPATION IN A REASONABLE MANNER.
3. IT SHALL BE AN UNLAWFUL DISCRIMINATORY PRACTICE FOR AN EMPLOYER TO:
A. ENGAGE IN UNWELCOME SEXUAL ADVANCES, REQUESTS FOR SEXUAL FAVORS, OR
OTHER VERBAL OR PHYSICAL CONDUCT OF A SEXUAL NATURE TO AN INTERN WHEN:
(1) SUBMISSION TO SUCH CONDUCT IS MADE EITHER EXPLICITLY OR IMPLICITLY
A TERM OR CONDITION OF THE INTERN'S EMPLOYMENT;
(2) SUBMISSION TO OR REJECTION OF SUCH CONDUCT BY THE INTERN IS USED
AS THE BASIS FOR EMPLOYMENT DECISIONS AFFECTING SUCH INDIVIDUAL; OR
(3) SUCH CONDUCT HAS THE PURPOSE OR EFFECT OF UNREASONABLY INTERFERING
WITH THE INTERN'S WORK PERFORMANCE BY CREATING AN INTIMIDATING, HOSTILE,
OR OFFENSIVE WORKING ENVIRONMENT; OR
B. SUBJECT AN INTERN TO UNWELCOME HARASSMENT BASED ON AGE, SEX, RACE,
CREED, COLOR, SEXUAL ORIENTATION, MILITARY STATUS, DISABILITY, PREDIS-
POSING GENETIC CHARACTERISTICS, MARITAL STATUS, DOMESTIC VIOLENCE VICTIM
STATUS, RELIGION OR NATIONAL ORIGIN, WHERE SUCH HARASSMENT HAS THE
PURPOSE OR EFFECT OF UNREASONABLY INTERFERING WITH THE INTERN'S WORK
S. 5951 3
PERFORMANCE BY CREATING AN INTIMIDATING, HOSTILE, OR OFFENSIVE WORKING
ENVIRONMENT.
4. NOTHING IN THIS SECTION SHALL AFFECT ANY RESTRICTIONS UPON THE
ACTIVITIES OF PERSONS LICENSED BY THE STATE LIQUOR AUTHORITY WITH
RESPECT TO PERSONS UNDER TWENTY-ONE YEARS OF AGE.
5. NOTHING IN SUBDIVISION ONE OF THIS SECTION SHALL CREATE AN EMPLOY-
MENT RELATIONSHIP BETWEEN AN EMPLOYER AND AN INTERN FOR THE PURPOSES OF
ARTICLES SIX, SEVEN, EIGHTEEN OR NINETEEN OF THE LABOR LAW.
S 2. This act shall take effect immediately.

S5951A (ACTIVE) - Details

S5951A (ACTIVE) - Summary

Provides certain civil rights protections for interns.

S5951A (ACTIVE) - Sponsor Memo

BILL NUMBER:S5951A
TITLE OF BILL: An act to amend the executive law, in relation to
providing certain civil rights protections for interns
PURPOSE OR GENERAL IDEA OF BILL:
This bill would provide unpaid interns the same civil rights
protections as paid interns.
SUMMARY OF SPECIFIC PROVISIONS:
Section one of the bill adds a new section 296-c to the Executive Law,
entitled "Unlawful discriminatory practices relating to interns." The
new section defines and then establishes anti-discrimination
protections for interns. Based on a list of enumerated protected
classes, employers may not discriminate against interns or prospective
interns with respect to: hiring, discharge, or terms or conditions of
employment, acting on applications for internships; advertising,
application forms or application inquiries; retaliation for opposing
prohibited practices; and forced pregnancy leave. The new section also
prohibits sexual harassment of interns by employers, codifying both
the quid pro quo and hostile environment tests for sexual harassment.
Section 2 amends Executive Law section 292(4) to include the
provisions of new section 296-c in the definition of "unlawful
discriminatory practice." Section 3 is the effective date.

The amendments in the A-print are made to better conform the bill,
modeled on Oregon's interns protections, to New York law and also to
strengthen protections for interns. The following specific changes
have been made,. The definition of employer in new Executive Law 296-c
(1)(b) has been deleted, as there is already a definition of employer
in Executive Law section 292. The word religion has been deleted
throughout, as that word is not used in the list of protected classes
in Executive Law sections 296 and 296-a; in those sections, religion
is subsumed under the word creed. The word religion is used in
Executive Law section 296-b, but it is in a shortened list of
protected classes that does not include the word creed. The word
"individual' throughout has been replaced by the word "intern." The
phrase "in writing" has been deleted from new section 296-c(1)(b), in
the definition of intern, to protect interns who have an oral, rather
than written, agreement that they will not be paid. Similarly the
phrase "given in an educational environment" has been deleted from
what is now new section 296-c(1)(c)(1) to ensure that all interns are
protected, including those not part of a formal academic program. The
language previously contained in what had been new section 296-
c(1)(a)(3)(E) in the original print has been deleted as it described a
factual circumstance that was not intended to preclude the existence
of an internship within the scope of the new section, but that does
not necessarily exist in all internships, and therefore it should not
have been listed as one of the required elements in the definition of
intern. Also, Executive Law 292(4) has been amended to include the
provisions of new section 296-c in the definition of "unlawful
discriminatory practice."
JUSTIFICATION:
Case law in this state has long held that unpaid volunteers are not
protected by Executive Law section 296. Sweeney v. Board of Education
of Rocky Point. UFSD, 491 NYS2d 455 (2d Dept. 1985) (mutually
beneficial economic substance, i.e., compensation, is touchstone of
employer-employee relationship). The Second Circuit applied that case
law in dismissing the claims of a female college student who was
required to perform field work as one of the requirements of her
major. Her college arranged for her to be placed in an unpaid
internship at. Rockland Psychiatric Center. While she was working
there, one of the doctors allegedly began to refer to her as Miss
Sexual Harassment, told her she should participate in an orgy, and
suggested that she remove her clothing before meeting with him. Her
federal Title VII claim was dismissed because she was an unpaid
intern, and therefore, the court held, not an employee protected by
Title VII. O'Connor v. Davis, 126 F.3d 112 (2d Cir. 1997). More
recently, an unpaid intern, Lihuan Wang, had alleged that her boss at
Phoenix Television's New York bureau had groped her and tried to kiss
her. Citing O'Connor v. Davis, the U.S. District Court for the
Southern District of New York dismissed that claim, deciding that only
paid workers are covered by the New York state and city human rights
laws. Wang v. Phoenix Satellite Television, 120 Fair Empl. Prac. Cas.
(BNA) 1618 (SDNY 2013). This bill is intended to override that case
law with respect to unpaid interns who fall within the scope of the
new Executive Law section 296-c that the bill would add to the Human
Rights Law.
Both Washington, D.C. and Oregon have expanded their discrimination
and harassment protections to interns. This bill mirrors the Oregon
model, with the changes noted above that have been made in the
A-print, to provide unpaid interns the same important. and necessary
protections against discrimination as paid employees. While it made
sense 30 years ago for courts to use a dictionary definition of
employer to conclude that unpaid volunteers (or interns) were not
covered by the NYS Human Rights Law, in today's economy the failure to
protect interns - whether paid or unpaid - against sexual harassment
and other forms of discrimination no longer makes sense, is bad social
policy, and is inconsistent with the overarching purpose of the Human
Rights Law to "assure that every individual within this state is
afforded an equal opportunity to enjoy a full and productive life ...
and to eliminate and prevent discrimination. Executive Law section
290. Young people seeking employment in an economy that still has not
recovered from the worst recession since the Great Depression are
under extreme pressure to build up resumes and work references.
Increasingly, they turn to unpaid internships to do so. Interns, to an
even greater extent than employees, are easy victims of sexual
harassment as the relationship between employer and intern is the
classic example of the power imbalance that is at the heart of sexual
harassment. It is time for the State of New York to extend protection
against sexual harassment and other forms of discrimination to these
vulnerable young people.
PRIOR LEGISLATIVE HISTORY:
New bill.
FISCAL IMPLICATIONS:
None to the state.
EFFECTIVE DATE:
Immediately

S T A T E O F N E W Y O R K
________________________________________________________________________
5951--A
2013-2014 Regular Sessions
I N S E N A T E
October 11, 2013
___________
Introduced by Sens. KRUEGER, AVELLA, DILAN, GIPSON, HOYLMAN, KENNEDY,
LATIMER, PERALTA, SERRANO -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules -- recommitted to
the Committee on Investigations and Government Operations in accord-
ance with Senate Rule 6, sec. 8 -- committee discharged, bill amended,
ordered reprinted as amended and recommitted to said committee
AN ACT to amend the executive law, in relation to providing certain
civil rights protections for interns
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The executive law is amended by adding a new section 296-c
to read as follows:
S 296-C. UNLAWFUL DISCRIMINATORY PRACTICES RELATING TO INTERNS. 1. AS
USED IN THIS SECTION, "INTERN" MEANS A PERSON WHO PERFORMS WORK FOR AN
EMPLOYER FOR THE PURPOSE OF TRAINING UNDER THE FOLLOWING CIRCUMSTANCES:
A. THE EMPLOYER IS NOT COMMITTED TO HIRE THE PERSON PERFORMING THE
WORK AT THE CONCLUSION OF THE TRAINING PERIOD;
B. THE EMPLOYER AND THE PERSON PERFORMING THE WORK AGREE THAT THE
PERSON PERFORMING THE WORK IS NOT ENTITLED TO WAGES FOR THE WORK
PERFORMED; AND
C. THE WORK PERFORMED:
(1) PROVIDES OR SUPPLEMENTS TRAINING THAT MAY ENHANCE THE EMPLOYABILI-
TY OF THE INTERN;
(2) PROVIDES EXPERIENCE FOR THE BENEFIT OF THE PERSON PERFORMING THE
WORK;
(3) DOES NOT DISPLACE REGULAR EMPLOYEES; AND
(4) IS PERFORMED UNDER THE CLOSE SUPERVISION OF EXISTING STAFF.
2. IT SHALL BE AN UNLAWFUL DISCRIMINATORY PRACTICE FOR AN EMPLOYER TO:
A. REFUSE TO HIRE OR EMPLOY OR TO BAR OR TO DISCHARGE FROM INTERNSHIP
AN INTERN OR TO DISCRIMINATE AGAINST SUCH INTERN IN TERMS, CONDITIONS OR
PRIVILEGES OF EMPLOYMENT AS AN INTERN BECAUSE OF THE INTERN'S AGE, RACE,
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11709-06-4

S. 5951--A 2
CREED, COLOR, NATIONAL ORIGIN, SEXUAL ORIENTATION, MILITARY STATUS, SEX,
DISABILITY, PREDISPOSING GENETIC CHARACTERISTICS, MARITAL STATUS, OR
DOMESTIC VIOLENCE VICTIM STATUS;
B. DISCRIMINATE AGAINST AN INTERN IN RECEIVING, CLASSIFYING, DISPOSING
OR OTHERWISE ACTING UPON APPLICATIONS FOR INTERNSHIPS BECAUSE OF THE
INTERN'S AGE, RACE, CREED, COLOR, NATIONAL ORIGIN, SEXUAL ORIENTATION,
MILITARY STATUS, SEX, DISABILITY, PREDISPOSING GENETIC CHARACTERISTICS,
MARITAL STATUS, OR DOMESTIC VIOLENCE VICTIM STATUS;
C. PRINT OR CIRCULATE OR CAUSE TO BE PRINTED OR CIRCULATED ANY STATE-
MENT, ADVERTISEMENT OR PUBLICATION, OR TO USE ANY FORM OF APPLICATION
FOR EMPLOYMENT AS AN INTERN OR TO MAKE ANY INQUIRY IN CONNECTION WITH
PROSPECTIVE EMPLOYMENT, WHICH EXPRESSES DIRECTLY OR INDIRECTLY, ANY
LIMITATION, SPECIFICATION OR DISCRIMINATION AS TO AGE, RACE, CREED,
COLOR, NATIONAL ORIGIN, SEXUAL ORIENTATION, MILITARY STATUS, SEX, DISA-
BILITY, PREDISPOSING GENETIC CHARACTERISTICS, MARITAL STATUS OR DOMESTIC
VIOLENCE VICTIM STATUS, OR ANY INTENT TO MAKE ANY SUCH LIMITATION, SPEC-
IFICATION OR DISCRIMINATION, UNLESS BASED UPON A BONA FIDE OCCUPATIONAL
QUALIFICATION; PROVIDED, HOWEVER, THAT NEITHER THIS PARAGRAPH NOR ANY
PROVISION OF THIS CHAPTER OR OTHER LAW SHALL BE CONSTRUED TO PROHIBIT
THE DEPARTMENT OF CIVIL SERVICE OR THE DEPARTMENT OF PERSONNEL OF ANY
CITY CONTAINING MORE THAN ONE COUNTY FROM REQUESTING INFORMATION FROM
APPLICANTS FOR CIVIL SERVICE INTERNSHIPS OR EXAMINATIONS CONCERNING ANY
OF THE AFOREMENTIONED CHARACTERISTICS, OTHER THAN SEXUAL ORIENTATION,
FOR THE PURPOSE OF CONDUCTING STUDIES TO IDENTIFY AND RESOLVE POSSIBLE
PROBLEMS IN RECRUITMENT AND TESTING OF MEMBERS OF MINORITY GROUPS TO
INSURE THE FAIREST POSSIBLE AND EQUAL OPPORTUNITIES FOR EMPLOYMENT IN
THE CIVIL SERVICE FOR ALL PERSONS, REGARDLESS OF AGE, RACE, CREED,
COLOR, NATIONAL ORIGIN, SEXUAL ORIENTATION, MILITARY STATUS, SEX, DISA-
BILITY, PREDISPOSING GENETIC CHARACTERISTICS, MARITAL STATUS OR DOMESTIC
VIOLENCE VICTIM STATUS;
D. TO DISCHARGE, EXPEL OR OTHERWISE DISCRIMINATE AGAINST ANY PERSON
BECAUSE HE OR SHE HAS OPPOSED ANY PRACTICES FORBIDDEN UNDER THIS ARTICLE
OR BECAUSE HE OR SHE HAS FILED A COMPLAINT, TESTIFIED OR ASSISTED IN ANY
PROCEEDING UNDER THIS ARTICLE; OR
E. TO COMPEL AN INTERN WHO IS PREGNANT TO TAKE A LEAVE OF ABSENCE,
UNLESS THE INTERN IS PREVENTED BY SUCH PREGNANCY FROM PERFORMING THE
ACTIVITIES INVOLVED IN THE JOB OR OCCUPATION IN A REASONABLE MANNER.
3. IT SHALL BE AN UNLAWFUL DISCRIMINATORY PRACTICE FOR AN EMPLOYER TO:
A. ENGAGE IN UNWELCOME SEXUAL ADVANCES, REQUESTS FOR SEXUAL FAVORS, OR
OTHER VERBAL OR PHYSICAL CONDUCT OF A SEXUAL NATURE TO AN INTERN WHEN:
(1) SUBMISSION TO SUCH CONDUCT IS MADE EITHER EXPLICITLY OR IMPLICITLY
A TERM OR CONDITION OF THE INTERN'S EMPLOYMENT;
(2) SUBMISSION TO OR REJECTION OF SUCH CONDUCT BY THE INTERN IS USED
AS THE BASIS FOR EMPLOYMENT DECISIONS AFFECTING SUCH INTERN; OR
(3) SUCH CONDUCT HAS THE PURPOSE OR EFFECT OF UNREASONABLY INTERFERING
WITH THE INTERN'S WORK PERFORMANCE BY CREATING AN INTIMIDATING, HOSTILE,
OR OFFENSIVE WORKING ENVIRONMENT; OR
B. SUBJECT AN INTERN TO UNWELCOME HARASSMENT BASED ON AGE, SEX, RACE,
CREED, COLOR, SEXUAL ORIENTATION, MILITARY STATUS, DISABILITY, PREDIS-
POSING GENETIC CHARACTERISTICS, MARITAL STATUS, DOMESTIC VIOLENCE VICTIM
STATUS, OR NATIONAL ORIGIN, WHERE SUCH HARASSMENT HAS THE PURPOSE OR
EFFECT OF UNREASONABLY INTERFERING WITH THE INTERN'S WORK PERFORMANCE BY
CREATING AN INTIMIDATING, HOSTILE, OR OFFENSIVE WORKING ENVIRONMENT.
4. NOTHING IN THIS SECTION SHALL AFFECT ANY RESTRICTIONS UPON THE
ACTIVITIES OF PERSONS LICENSED BY THE STATE LIQUOR AUTHORITY WITH
RESPECT TO PERSONS UNDER TWENTY-ONE YEARS OF AGE.
S. 5951--A 3
5. NOTHING IN THIS SECTION SHALL CREATE AN EMPLOYMENT RELATIONSHIP
BETWEEN AN EMPLOYER AND AN INTERN FOR THE PURPOSES OF ARTICLES SIX,
SEVEN, EIGHTEEN OR NINETEEN OF THE LABOR LAW.
S 2. Subdivision 4 of section 292 of the executive law, as amended by
chapter 173 of the laws of 1974, is amended to read as follows:
4. The term "unlawful discriminatory practice" includes only those
practices specified in sections two hundred ninety-six [and], two
hundred ninety-six-a AND TWO HUNDRED NINETY-SIX-C of this article.
S 3. This act shall take effect immediately.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.